A417 Development

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008 THE A417 MISSING LINK DEVELOPMENT CONSENT ORDER NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION
The above order, made under the Planning Act 2008 by the Secretary of State for Transport and published on 16th November 2022, includes provision authorising the compulsory acquisition of land, existing rights over land or of a right over land by creating a new right over it as described in Schedule 1 of this notice. The order includes provision authorising the acquisition for the purpose of providing 3.4 miles (5.5 km) of new, rural all-purpose dual carriageway for the A417. The new dual carriageway would connect the existing A417 Brockworth bypass with the existing dual carriageway A417 south of Cowley. The new dual carriageway would be completed in line with current trunk road design standards. The section to the west of the existing Air Balloon roundabout would follow the existing A417 corridor, but to the south and east of the Air Balloon roundabout, the corridor would be offline, away from the existing road corridor.
A copy of the order has been made available for inspection online at:

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If you cannot view the copy of the order on-line, please the contact the Project Team via email:

or telephone 0300 123 5000 who will be able to arrange for a hard copy or a USB stick containing a copy of the order to be sent to you free of charge. A person aggrieved by the order may challenge the order only in accordance with section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review before the end of the period of 6 weeks beginning with the day after the day on which the order was published (or, if later, the day on which the statement of reasons for making the order was published). Once the provision in the order authorising compulsory acquisition comes into force National Highways may acquire any of the land (including any existing rights and/or new rights) described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts 2 and 3 of that Act is set out in Schedule 2. Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give National Highways at:
National Highways, Temple Quay House, 2 The Square, Temple Quay Bristol, BS1 6HA Email:

Telephone: 0300 123 5000
information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3. SCHEDULE 1
DESCRIPTION OF THE LAND, EXISTING RIGHTS AND THE NEW RIGHTS
The land and rights affected by the making of the Development Consent Order can be obtained through inspection of the Book of Reference and Land Plans which can be viewed online at

SCHEDULE 2
STATEMENT ON THE EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING
DECLARATIONS) ACT 1981
Power to execute a general vesting declaration
1. Once the provision in the A417 Missing Link Development Consent Order which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called National Highways) may acquire any of the land (including any existing rights and / or new rights) described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in National Highways at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration
2. As soon as may be after National Highways execute a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the notice of the authorisation of compulsory acquisition. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in National Highways together with the right to enter on the land and take possession of it. Every person on whom National Highways could have served a notice to treat in respect of their interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.
3. The "vesting date" for any land specified in the declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.
Modifications with respect to certain tenancies
4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e a tenancy for a year or a yearly tenancy or a lesser interest, or "a long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.
5. The modifications are that National Highways may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.
SCHEDULE 3
FORM FOR GIVING INFORMATION
THE A417 MISSING LINK DEVELOPMENT CONSENT ORDER
To: National Highways
[l][We](de/efe as applicable) being [a person][persons](de/efe as applicable) who, if a general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all][part of] {delete as applicable) that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.
1. Name and address of informant(s) (i)...........................
2. Land in which an interest is held by informant(s) (ii).......................
3. Nature of interest (iii).......................
Signed
On behalf of..................
Date...................
(i) In the case of a joint interest insert the names and addresses of all the informants
(ii) The land should be described concisely
(iii) If the land is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other encumbrance, details should be given, e.g name of building society and roll number.